POST Test Study Guide 2024 Questions and Answers

POST Test Study Guide 2024 Questions and Answers What 2 conditions must exist to require a Miranda Warning? -Answer-1.) Custody 2.) Interoggation What are the different types of interview locations? -Answer-1.) Stationhouse Interview 2.) Home Interview 3.) Scene Interview 4.) Hospital Interview Stationhouse Interview -Answer-- Miranda may not be needed, statements made are typically found to be custodial in nature - People arrive at stationhouse under their own free will Home Interview -Answer-- A person at home feels free to move/leave so Miranda is not required - If person is cuffed/in custody, MIRANDA IS REQUIRED Scene Interview -Answer-- Officer is questioning to determine WHAT HAS HAPPENED - This is not an interrogation - MIRANDA IS NOT REQUIRED Hospital Interview -Answer-- Can suspect consent to Miranda (under medication, etc.)? - If guards are posted/suspect restrained, interview is custodial What factors determine whether someone is in custody? -Answer-- Time/Place/Purpose of encounter - Persons present (multiple officers, intimidation?) - Tone of discussion - Length/Mode of discussion - Limitations/Restraints A Miranda waiver must be: -Answer-1.) Knowing (aware that they can remain silent and forego that right. 2.) Intelligent (responsive and appear to have rational thought 3.) Voluntary (free will, has not been coerced or promised anything in return) What is the purpose of an interrogation? -Answer-Designed to illicit and an incriminating response What can invalidate a Miranda waiver? -Answer-- Language Barriers - Intoxication When is a Miranda Warniing not required? -Answer-- During investigatory detention OR if lawyer is present. - To take blood, fingerprints, hair, fibers (Rule 41.1) - Booking 60 days -Answer-How many days does a person have to register a vehicle after purchase? 30 days -Answer-How many days does a new resident have to register their vehicle? - Between the hours of 5:00 pm and 8:00 am - Within 36 hours of purchase from private party - Saturday, Sunday or legal holiday - Bill of Sale - Proof of Insurance -Answer-When can a person operate an unregistered vehicle before registering it? - Class 1 Misdemeanor -Answer-What is the penalty for operating a motor vehicle under a REVOCATED LICENSE? A driver's license that has been DENIED, REVOCKED or SUSPENDED. -Answer-What constitutes a "Restrained" License? - 5 days to 6 months in jail AND/OR - $50 to $500 fine -Answer-What is the penalty for operating a motor vehicle while "Driving Under Restraint"? - Give immediate notice/location to nearest police officer - Return/Remain on scene until police arrive - Duty of police to submit reports/complete investigation within 5 days -Answer-What are the duties entailed in 42-4-1606 "Duty To Report Accidents"? - If damage is less than $1,000 - Does not involve injury or death EXCEPT WHEN PERSON REQUESTS IT OR IF PERSON CANNOT PRODUCE VALID INSURANCE -Answer-When are police NOT required to complete an investigation or accident report? Driver shall provide NAME, ADDRESS, REG NUMBER, DRIVER'S LICENSE AND RENDER AID. -Answer-What duties does a motorist have when involved in an accident that results in injury, SBI or death? - Park/Stand where ever necessary - Proceed past/through red lights/stop signs AFTER SLOWING DOWN - Exceed speed limits as long as life/property is in danger - Disregard regulations regarding direction of movement and turning. -Answer- Emergency responders may drive in the following manner when responding to an emergency call or in pursuit. Misdemeanor -Answer-What is the penalty for Driving While Under The Influence (DUI) Violation occurs after 3 or more prior convictions arising out of separate DUI, vehicular homicide or vehicular assault charges. -Answer-When can a DU